An Act for amending the Staple of Tobacco; and
for preventing Frauds in his Majesty's Customs.

I. WHEREAS, the laws heretofore made, have been found ineffectual,
to prevent the exportation of bad and trash tobacco, and the many frauds in deceiving his majesty
of his customs, which of late years have greatly increased, to the great decay of the trade of
this colony:

Preamble.

II. Be it enacted by the Lieutenant-Governor, Council and
Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the
same, That for the more effectual preventing the exportation of all trash, bad, unsound, and
unmerchantable tobacco, all tobacco which, from and after the first day of August, which shall be
in the year of our lord one thousand seven hundred and thirty one, shall be exported out of this
colony and dominion, shall be first brought to some public warehouse herein after mentioned, and
there shall be viewed and inspected by persons thereunto appointed, in such manner as herein is
expressed.

Tobacco exported to be inspected.

III. And be it further enacted, by the authority aforesaid,
That no person shall put on board, or receive into any ship, sloop, boat, or other vessel, in
order to be exported therein, any tobacco not packed in hogsheads, casks, or cases, upon any
pretence whatsoever; nor in any hogshead, cask, or case, to be in that or any other ship, sloop,
or vessel, exported out of this colony, before the same shall have been viewed and inspected,
according to the directions of this act: But that all tobacco whatsoever, to be received or taken
on board any ship, sloop, or other vessel, and to be therein exported, or to be carried or put on
board any other ship, sloop, or vessel, for exportation as aforesaid, shall be received or taken
on board at the several warehouses for that purpose herein after mentioned, or some, or one of
them, and at no other place or places whatsoever. And every master, mate, and boatswain, which
shall arrive in this colony, in order to lade tobacco, during the continuance of this act, shall,
before the said ship or vessel be permitted to take on board any tobacco whatsoever, make oath,
before the naval officer of the district wherein such ship or vessel shall arrive,

None other to be exported.

To be
exported from warehouses only.

Oath of masters of vessels.

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(which oath the said naval officer is hereby impowered and required to administer) that
they will not permit any tobacco whatsoever to be taken on board their respective ships or
vessels, except the same be packed in hogsheads, casks, or cases, stamp'd by some inspector
legally thereunto appointed. And if any master or commander of any ship or vessel shall take on
board, or suffer to be taken on board the ship or vessel whereof he is master, any tobacco
brought from any other place, than some, or one of the public warehouses herein after mentioned,
or any hogshead, case, or cask of tobacco not stamp'd by some lawful inspector; or shall suffer
to be brought on board, any tobacco whatsoever, except in hogsheads, casks, or cases, stamp'd as
aforesaid, every such master and commander shall forfeit and pay (a) twenty pounds
of lawful money for every hogshead, cask, or case of tobacco which shall not have been brought
from one of the said public warehouses, or which shall not be stamp'd as aforesaid: And every
hogshead, cask, box, chest, or case, or other package, or parcel of tobacco, which shall be taken
on board any ship or other vessel, shall be forfeited.

Penalty.

IV. And forasmuch as the permitting tobacco in bulk or parcels to be
(b) water-born, on pretence of being carried to some or other of the warehouses
established by this act, may give great opportunity to the clandestine running the same on board
the ships lying at or near the said warehouses, whereby the evil of exporting trash tobacco may
still be continued: For remedy whereof,

V. Be it enacted, by the authority aforesaid, That if any
person, taking upon him to carry any tobacco to or from any of the said warehouses, in his sloop,
boat, or other vessel, for hire, shall presume to take on board, or suffer or permit to be taken
or put on board, any tobacco whatsoever, in bulk or parcels, such tobacco shall not only be
forfeited, and may be seized by any person or persons whatsoever, but such master or skipper
offending herein, shall forfeit and pay treble the value of the tobacco found on board, in bulk
or parcels: To be recovered before any justice of the peace

of the quorum, in the county where such sloop, boat, or other vessel, shall be at the
time of such discovery or seizure. And moreover, every servant, slave, or other person emploied
in navigating such sloop, boat, or other vessel, who shall connive at, or conceal the taking or
receiving on board any such bulk or parcel of tobacco, shall, by order of such justice, receive
on his bare back, thirty-nine lashes well laid on. And if such sloop, boat, or other vessel,
transporting tobacco to or from the said warehouses, be under the care or management of a
servant, who cannot satisfy and pay the treble value of the bulk tobacco or parcel found therein,
then such servant, and every other person emploied under him, in navigating the said sloop, boat,
or other vessel, wherein such bulk or parcel of tobacco shall be found, and who shall be guilty
of conniving at, or concealing the taking on board such bulk tobacco, shall, upon complaint
thereof made to any justice of the peace, have and receive, by order of the said justice, thirty
nine lashes, well laid on. And if such servant shall be again trusted with the care and
management of any sloop, boat or other vessel, and shall be convicted a second time, of taking or
receiving on board the same, any bulk or parcel of tobacco, contrary to the directions of this
act, the person who emploied or entrusted such servant with the management of such vessel, shall
forfeit and pay treble the value of the tobacco so taken or received on board, in bulk or
parcels: And shall also forfeit ant pay five shillings, for every day he shall thereafter employ
such servant as skipper or master of any sloop, boat, or other vessel to him belonging: To be
recovered before any justice of the quorum, in the county where such emploier resides; which said
several forfeitures to be to the use of the informer.

On servants.

If the skipper.

VI. Provided always, That nothing herein before contained,
shall be construed to prohibit any person or persons whatsoever, to put or take on board any
sloop, boat, or other vessel, any hogsheads, casks, or cases of tobacco, to be water-born to any
warehouse or warehouses appointed by this act; nor to prohibit the owner of any tobacco, to
transport his crops, or any part thereof, from one plantation to another, for the better handling
and managing thereof; nor any purchaser of tobacco from bringing the same by water to be
repacked,

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sorted, stem'd, or prized, before the same be carried to the said warehouses, so as the
said tobacco, to be transported by water, be packed in hogsheads, casks, or cases.

VII. And be it further enacted, That if the skipper of any
sloop, boat, or other vessel, or other person or persons to whom the care and management thereof
shall be intrusted, shall land or put on shore any hogshead, case or cask of tobacco put on board
the same, to be carried to any public warehouse, at any other place or places, than the warehouse
or warehouses by this act appointed for the reception and inspection of tobacco, or at some or
one of them, or the wharf, or other landing to such warehouse or warehouses belonging; or shall
put the same on board any other vessel, or suffer the same to be done, so as the same be not
delivered at some of the said public warehouses, without fraud or imbezzlement; or shall open any
hogshead, cask, or case, so as aforesaid water-born or landed, and take thereout any tobacco,
before the same be viewed by the said inspectors, according to the directions of this act; or
after the same hath been viewed, shall fraudulently open any hogshead, cask, or case, and take
thereout any tobacco, every such offence shall be adjudged felony, and the offender or offenders
shall suffer as in case of felony.

Felony, not to deliver tobacco as sent, or to break open, and
take out any.

VIII. Provided always, That nothing herein before
contained, shall be construed to prohibit the landing or putting on shore any hogshead, cask, or
case of tobacco, out of any sloop, boat, or other vessel, which by distress of weather shall be
forced on ground, or become leaky, so as the said landing be really and bona fide for
the preservation of the tobacco laden in such vessel: And that the same be with all convenient
speed carried thereafter to the warehouse or ship, (as the case shall be) to which it was
designed, without imbezzlement.

Proviso.

IX. Provided nevertheless, That if by any of the accidents
aforesaid, or negligence of the master or skipper of any vessel, any tobocco which hath been
viewed and stamped, shall; in its carriage to the ship in which it is intended to be exported,
receive so much damage as that the master of such ship will not receive it on board, every
hogshead, cask, or case of tobacco so damnified, shall, with all convenient speed, be carried

Further proviso.

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to some warehouse appointed by this act, and there lodged, until the owner of the said
tobacco, or master of the vessel in which it was damaged, shall have separated the same, and
repacked the good tobacco; and then the same shall be viewed and stamped by the inspectors
attending such warehouse, without fee or reward.

X. And be it further enacted, by the authority aforesaid,
That all tobacco which shall be brought to any warehouse, herein after mentioned: shall be viewed
by (a) three fit and able persons, who are reputed to be skilful in tobacco, to be
appointed for that purpose, by the governor or commander in chief for the time being, with the
advice and consent of the council; who shall be called inspectors, and shall break every
hogshead, cask, or case of tobacco, and diligently view and examine the same; and if they, or any
two of them shall agree, that the same is good, sound, well-conditioned, and merchantable, and
free from trash, sand, and dirt; and if in leaf, tied up with a leaf of equal goodness, then such
tobacco shall be weighed in scales with weights of the lawful standard: And the said inspectors,
or one of them, shall stamp every such hogshead, cask, or case, wherein is contained any tobacco,
by them so as aforesaid weighed, and allowed to be good, or shall cause the same to be done in
their presence, or the presence of one of them, with the name of the warehouse at which such
hogshead, cask, or case of tobacco shall be so stamp'd as aforesaid; and shall also stamp in like
manner thereon the tare of the hogshead, cask, or case, and quantity of nett tobacco therein
contained. (b)

Inspectors, how appointed.

Their duty.

XI. And be it further enacted, by the authority aforesaid,
That if any tobacco shall be brought to any of the said warehouses for the discharge of any
public or private debt or contract, the said inspectors, or one of them, after they have viewed,
examined, and weighed the said tobacco, according to the directions of this act, shall be obliged
to deliver to the person bringing the same, as many promisory notes, under the hands and

Tobacco notes.

Notes to Edition 1733.

(a( Two inspectors, instead of three
are appointed for each inspection; and provision made, in case of their difference in judgment.
Anno 1732, ch. 9. sec. 9.

(b) The duty of inspectors is further
declared, in several particulars. Anno 1732, ch. 9. sec. 13.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

(a) seals of the said inspectors, or the stamp of the warehouse to which
the same shall be brought, as shall be required for the full quantity of tobacco received by
them; in which shall be expressed, whether the tobacco so received, be sweet scented, or Oronoko,
stem'd or leaf: Which notes shall be, and are hereby declared to be current & paiable in all
tobacco paiments whatsoever, according to the species expressed in the note, within the county
where such inspectors shall officiate, or in any other county next adjacent thereto, and not
separated therefrom by any of the great rivers or bay herein after mentioned; that is to say,
James river below the mouth of Appamatox, York river below West Point, Rappahannock river below
Taliaferro's Mount, or by the great bay of Chesapeak; and shall be transferrable from one to
another, in all such paiments; and shall be paid and satisfied by the inspector or inspectors who
signed the same, upon demand: And for every hogshead of tobacco brought to any public warehouse
for the discharge of any public or private debt, in good cask, of such dimensions as are herein
after expressed, there shall be allowed by the inspectors thereof, to the person bringing the
same, (b) thirty pounds of tobacco for the cask: And for every hogshead of tobacco
by them paid away, well lined, and nailed, fit for shipping, there shall be paid by the person
receiving such hogshead, five shillings, so as such hogshead so paid away and received, do not
contain less than eight hundred pounds of nett tobacco, whether the same be Sweet Scented or
Oronoko; who shall also allow thirty pounds of tobacco to the person demanding the same, for
every hogshead of tobacco so received, for the cask: And moreover there shall be allowed to the
said inspectors, by the person taking the same away, two pounds of tobacco for every hundred
pounds of tobacco so paid away as aforesaid, and proportionably for a less quantity, for
shrinking and wasting, if the said tobacco be paid at any time within two months after the date
of the note given for the same; and one pound of tobacco per hundred, for every month the

same shall be unpaid, after the said two months, so as such allowance for shrinking and
wasting, do not exceed, in the whole, six pounds of tobacco per centum.

XII. And for the better enabling the inspectors to deliver out
promisory notes for tobacco received, for the discharge of any public or private debt or
contract, and the receipts to be given for tobacco brought to their warehouses to be viewed, and
exported, on the proper account of the owners thereof, Be it enacted, by the authority
aforesaid That the inspectors, at the several warehouses appointed by this act, shall be
allowed in their accounts, all necessary charges for providing printed notes and receipts, for
the purposes aforesaid.

Allowances to.

XIII. And forasmuch as it is evident, that the owners of ships
trading to this country, will reap great benefit by having tobacco put on board their ships by
the inhabitants of this colony, whereby the great trouble and delay in fetching the same on board
will be prevented, and the charge of the craft, wages and provisions saved to them, in the
expence of each voyage,

XIV. Be it further enacted, by the authority aforesaid, (a) That no master of a ship or other vessel, shall carry to any warehouse, or
fetch from thence, or any place whatsoever, in any boat or vessel to him belonging, or in any
vessel man'd by the sailors of the ship or vessel whereof he is master, any tobacco, to be
shipped upon freight, upon pain of forfeiting ten pounds of lawful money, for every hogshead so
carried, fetched, or put on board: To be recovered by action of debt, in any court of record; one
moiety whereof shall be to our sovereign lord the king, his hers and successors, to be applied
towards defraying the expence of the execution of this act, and the other moiety to the person
who will sue for the same. But all tobacco, shipp'd on board any ship or vessel whatsoever, shall
be put on board by, or at the charge of, the owners of the tobacco respectively; for which a
reward of four shillings for every hogshead so put on board, shall be paid by the master of such
ship or vessel, on which the same shall be laden and put on board.

How tobacco shall be shipt. Proviso.

XV. Provided always, and be it enacted, by the authority
aforesaid, That it shall and may be lawful, to

and for any master of a ship or vessel, to carry to, or fetch from, any of the
warehouses appointed by this act, in sloops, boats, or other vessels, provided by him, or by any
factor or super-cargo intrusted with the freighting of such ship, and navigated by the men
belonging to such ship or vessel, any hogshead, cask, or case of tobacco, which shall be
purchased by such master, factor, or super-cargo, for the particular lading of such ship or other
vessel, without incurring the penalty aforesaid; so as such hogshead, cask, or case, be duly
viewed and stamped, before the same shall be received on board for exportation.

XVI. And if any inspector or inspectors, by whom any such note for
tobacco, as aforesaid, shall be signed, shall refuse or delay to pay and satisfy the same, when
demanded, every inspector so refusing or delaying, shall forfeit and pay to the party injured,
double the value of the tobacco so refused or delaied to be paid: To be recovered, with costs, in
any court of record within this dominion. And if the note or notes, so refused or delaied to be
paid, as aforesaid, do not amount to more than two hundred pounds of tobacco, the double value of
the tobacco due thereon, shall and may be recovered before a justice of the peace of the county
wherein the said warehouse shall be, at which the same ought to have been paid; any thing herein
before, or in any former law, to the contrary contained, in any wise, notwithstanding.

Penalty on inspectors, for not delivering tobacco,

XVII. And be it further enacted, That from and after the
said first day of August, all tobacco whatsoever, which shall be due and paiable, for any public,
county, or parish levies, and tobacco for discharging of any quit-rents, or for secretarys,
clerks, sherifs, surveyors, or other officers fees, shall be first inspected, according to the
directions of this act, and paid by the person or persons from whom such dues and debts shall be
due, owing, or paiable, at some or one of the public warehouses herein after mentioned, for the
following (a) allowances: That is say,

For tobacco due in the counties of Goochland, Brunswick, and the
upper parishes of Hanover and Spotsylvania, the person paying the same, shall and may retain

in his own hands, thirty pounds of tobacco, for every hundred so paid.

For tobacco due in the county of Princes Anne, twenty pounds of
tobacco.

For tobacco due in the counties of Henrico, Caroline, Nansemond, and
Norfolk, and the lower parishes of Hanover and Spotsylvania, fourteen pounds of tobacco.

For tobacco due in the counties of Prince George, Surry, Isle of
Wight, and Prince William, twenty pounds of tobacco.

And for tobacco due in any other county, ten pounds of tobacco, for
every hundred so paid, and proportionably for a less quantity, and no more.

XVIII. And the sheriff, or other collector, shall be allowed by the
creditor, four pounds of tobacco, for every hundred pounds of tobacco, and so proportionably for
a greater or less quantity, which he shall pay and discharge by inspectors notes, for any
quit-rents, secretary's, clerks, sherifs, surveiors, or other officers fees.

XIX. And to the end, county and parish creditors, who, either by law
or contract, ought to have their tobacco paid them convenient, may not be prejudiced by the
abatements aforesaid, Be it enacted, That during the continuance of this act, there
shall be levied by the courts of the several counties, and vestries of the respective parishes,
the several and respective allowances herein before mentioned, for all tobacco which ought to be
paid convenient; together with four per cent. for collecting and paying the same in inspectors
notes. And where any tobacco ought by law to be paid with cask, there shall be levied, during the
continuance of this act, four per cent. for cask, and no more.

How made.

XX. And for a further direction to the sherifs and other collectors,
for receiving and paying the county and parish levies, quit-rents, and officers fees, Be it
enacted, by the authority aforesaid, That the said sherifs and collectors, shall pay and
discharge the levies, quit-rents, and fees aforesaid, to the several persons to whom the same
shall be due, by the same notes which they shall receive in paiment thereof.

Sheriffs, &c. to pay the same as received.

XXI. And to the end, the public, county, and parish levies,
secretary's, clerks, and other officers fees, may be discharged in due time, Be it further
enacted,

When public tobacco debs to be paid.

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by the authority aforesaid, That during the continuance of this act, all public,
county and parish levies, quit-rents, secretary's, clerks, sherifs, surveiors, and other officers
fees, paiable in tobacco, shall be paid and satisfied by the persons chargeable with and indebted
for the same, to the sherifs, or other collectors, by inspectors notes, before the tenth day of
April, yearly. And if any person, chargeable with the dues or fees aforesaid, shall neglect or
refuse to pay the same, within the time aforesaid, it shall and may be lawful to and for the
sherifs or other collectors, immediately after the said tenth day of April, to distrain the goods
and chattels of the person or persons so neglecting and refusing; and to sell and dispose
thereof, for tobacco, in the same manner as is directed by law for goods taken in execution; and
the overplus (if any be) after paying the said dues or fees, and the charges of distress, which
is hereby declared to be the same as for serving an execution, shall be returned to the debtor.

Distress.

XXII. Provided always, That where any goods or chattels
shall be distrained, for non-paiment of quit-rents, such goods and chattels shall only be
redeemed by paiment of sterling money, or bills of exchange, for so much as the said quit-rents
amount to: And if not redeemed, the sheriff shall sell the same for sterling money, or bills of
exchange; and account to the creditor accordingly.

Distress for quit-rents.

XXIII. And be it further enacted, by the authority aforesaid,
That the sherifs, or other collectors of the said levies or fees, shall, before the last
day of April, yearly, pay and deliver to each creditor, according to their respective debts and
claims, all the inspectors notes he or they have received, in satisfaction thereof. And if any
sheriff or other collector, shall refuse or delay to make paiment accordingly, if required, he or
they so refusing or delaying, shall forfeit and pay to the party grieved, double the value of the
tobacco so refused or delaied to be paid: To be recovered, with costs, in any court of record
within this dominion.

Sheriffs, when to pay.

XXIV. And be it further enacted, by the authority aforesaid,
That during the continuance of this act, nothing shall be accounted a lawful tender, to
discharge any debt, contract, or duty, paiable in tobacco, unless paiment of the same be tendred
in inspectors notes.

Tender.

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XXV. And for preventing the clandestine transportation of bad and
unmerchantable tobacco, from this colony, to the province of Maryland, Be it enacted, by the
authority aforesaid, That no tobacco whatsoever, of the growth or production of this colony,
shall, during the continuance of this act, be transported, or carried into the province of
Maryland, either by land or water, until the same hath been first viewed, examined, and stamp'd,
at one or other of the warehouses herein after mentioned. And if any person or persons
whatsoever, shall presume to carry or transport, or cause to be carried or transported, any
tobacco not viewed & stamp'd, as aforesaid, to the said province of Maryland, every hogshead,
cask, case, parcel, or package, shall be forfeited; and may be seized, by any person or persons
who shall discover the same, to his or their proper use; and the owner or owners of such tobacco,
shall also forfeit and pay twenty pounds current money, for every hogshead, cask, or case of
tobacco, so transported or carried, as aforesaid. And for every hundred weight of tobacco so
transported or carried in bulk, or in parcels, forty shillings of like money: Both which said
forfeitures shall and may be recovered, by any person or persons who will inform or sue for the
same, in any court of record within this dominion: In which actions and suits, it shall and may
be lawful, to and for the court where the same shall be depending, to issue a dedimus
potestatem, or commission, to any persons residing in the said province of Maryland, to take
the depositions of witnesses, in the said province; which said depositions so taken and returned,
shall be allowed as good evidence on the trial. And if any action or suit shall be commenced
against any person or persons, for seizing any tobacco transported, or intended to be transported
to Maryland, contrary to the directions of this act, it shall and may be lawful, to and for the
defendant or defendants to plead the general issue, and give this act, and the special matter, in
evidence: And if the plaintiff or plaintiffs shall be nonsuited, suffer a discontinuance, or a
verdict pass against him, her, or them, the defendant or defendants shall recover double costs.

Penalty for clandestinely carrying tobacco to Maryland.

XXVI. And forasmuch as it is necessary, that a sufficient number of
scales and weights, for putting this act in execution, be speedily provided, Be it enacted,
by

Scales and weights:

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

the authority aforesaid, That the treasurer of this dominion, out of the public
money in his hands, shall, and he is hereby impowered and directed, to provide as many scales,
with the weights for each pair, to weigh twelve hundred pounds nett at least, as shall be
wanting, to supply each warehouse appointed by this act, with one pair of scales, and the weights
necessary for the same: And that the purchase money of the said scales and weights, and the
necessary charges thereon, shall be repaid to the said treasurer, out of the money arising by
virtue of this act. And that for all nails used by the said inspectors, at the respective
warehouses, for nailing and securing the tobacco to be shipp'd from thence, the price thereof
shall be allowed to the said inspectors, in passing their accounts with the treasurer.

Nails.

XXVII. And be it further enacted, by the authority aforesaid,
That all tobacco brought to any of the said warehouses, in hogsheads, casks, or cases, to be
exported, on the account and for the use of the owners thereof, after the same shall have been
examined, viewed, and weighed, and found to be good, shall be stamp'd as is herein before
directed: And the said inspectors, or one of them, shall deliver to the person bringing the same,
as many receipts, signed, sealed, or stamp'd as aforesaid, as shall be required, for the number
of hogsheads so brought and stamp'd. And for every hogshead, cask, or case of tobacco, brought to
any of the said warehouses, to be exported, on the account and for the use of the owners thereof,
there shall be paid to the inspectors there attending, three shillings lawful money, for viewing,
examining, stamping, and nailing.

Tobacco to be stampt.

XXVIII. And, for restraining the undue practice of mixing trash with
stem'd tobacco, and preventing the packing tobacco in unsizeable cask, Be it enacted, and
declared, That all stem'd tobacco, not laid straight, whether the same be packed loose, or
in bundles; and all tobacco packed in hogsheads, which exceed eight and forty inches in the
length of the stave, or thirty inches at the head, within the croes, making reasonable allowance
for prising, which allowance shall not exceed two inches above the gage, in the prising head,
shall be accounted unlawful tobacco, and shall not be passed or received; but the owner of such
tobacco, packed in

Trash.

Size of casks.

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cask of greater dimensions than is herein before expressed, shall be obliged to re-pack
the same in sizeable casks, at his own cost and charge, before the same shall be stamped by the
said inspectors.

XXIX. And be it further enacted, by the authority aforesaid,
That when any tobacco shall be brought to any of the said public warehouses, and refused by
the said inspectors there officiating, the owner of such tobacco shall not be permitted to take
or carry away the same from the warehouse to which the same shall be brought; but the said
inspectors shall permit and suffer the owner of such tobacco, or other person bringing the same,
to sort and separate the tobacco so refused, in the same warehouse, without demanding any fee or
reward; and so much of the said tobacco as shall be separated and taken apart from the rest, as
bad, unsound, or unmerchantable tobacco, shall in the presence of the said inspectors
officiating, or of one of them, be immediately burnt: And if any owner of, or other person,
bringing such tobacco so refused, will not sort and separate the same, then every such hogshead,
or parcel of tobacco, shall be immediately burnt, as is herein before directed.

Refused tobacco, how disposed of.

XXX. And if any tobacco packed in cask by an overseer, or the hands
under his care, shall be burnt by the said inspectors, by the reason of its being bad, unsound,
or not in good condition, the overseer who had the care of making and packing the same, shall
bear the loss of the tobacco so burnt, and make satisfaction for the same out of his share of the
crop, or otherwise.

Overseers liable.

XXXI. And, to the intent, the just quantity of tobacco exported, may
be the more exactly known, and all evil practices to defraud his majesty of his customs
prevented, Be it further enacted, by the authority aforesaid, That the said inspectors,
at the several public warehouses of which they are appointed, shall carefully enter, in a book to
be provided and kept for that purpose, the marks, numbers, gross, nett weight and tare, of all
tobacco viewed and stamped by them as aforesaid, and in what ships or vessels the same shall be
laden or put on board: and shall also, with every sloop-load, or boat load of tobacco, send a
list of the marks, numbers, gross, nett weight and tare of every hogshead of tobacco then
delivered, to be given to the master of the ship or vessel in which the same shall be put on
board,

Weights of tobacco to be entered.

Manifests,
when to be furnished.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

And if the tobacco delivered to the same sloop or boat, is intended to be put on board
several ships or vessels, then he shall deliver so many distinct and several lists, as aforesaid,
of the hogsheads to be put on board each ship or vessel respectively: Which lists, every master
of a ship or vessel is hereby required to produce to, and lodge with the naval officer of the
district where the ship or vessel whereof he is master shall ride, or by whom she shall be
cleared, some time before her clearance: And shall also, at the time of clearing, deliver to the
said naval officer, two fair manifests of all the tobacco on board his ship or vessel, expressing
the marks and numbers of every hogshead, the tare and nett weight stamp'd thereon, the person by
whom shipp'd, and from what warehouse; and shall make oath thereto, and that the same is a just
and true account of the marks, numbers, tare, and nett weight of each respective hogshead, as the
same was taken down by the person or persons appointed by him to take the same, before the said
tobacco was stowed away. And no ship or vessel shall be cleared by the naval officer, before he
shall have received such lists and manifests: One of which said manifests shall, by the said
naval officer, be annexed to such master's certificate or clearance, to the end the same may be
delivered to the chief officer of the customs, in such port or place where the said ship shall
unlade; and the other of the said manifests, shall, by the said naval officer, be transmitted to
the said chief officer of the customs, by the next convenient opportunity.

XXXII. And be it also enacted, That the inspectors of every
public warehouse, shall, annually, before the sixth day of July, during the continuance of this
act, deliver, or cause to be delivered, a report or manifest, signed by them, of the marks,
numbers, gross, nett weight, and tare, of all tobacco view'd and stamp'd at the respective
warehouses under their inspection, and in what ship or ships, or other vessels, the same were
laden or put on board, to the naval officers of the districts in which such ships or vessels were
laden respectively; who shall transmit the same, and a duplicate thereof, without delay, to the
commissioners of his majesty's customs. And the like reports or manifests, shall be, by the said
inspectors, delivered to the respective naval officers of the several districts, if any tobacco

Inspectors to make returns.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

shall be shipp'd from their warehouses after the said sixth day of July, yearly, as soon
as all the tobacco shall be delivered out of such warehouses.

XXXIII. And be it further enacted, by the authority aforesaid,
That every person who shall be appointed an inspector of tobacco, pursuant to this act,
shall, before he enters upon the execution of that office, make oath, before the governor or
commander in chief for the time being, "Carefully to view and examine all tobacco brought to any
public warehouse whereof he is appointed an inspector; and to the best of his skill and judgment,
not to receive any tobacco prohibited by this act, or that is not sound, well-conditioned, and,
in his judgment, clear of trash, sand, and dirt; and faithfully to discharge the duty of his
office, according to the directions of the same, without favour, affection, partiality, or other
by-respect." And shall also enter into bond, with good security, in the penalty of one thousand
pounds of lawful money, paiable to our lord the king, his heirs and successors; with condition,
for the true and faithful performance of his said office and trust, according to the directions
of this act. And every inspector so appointed, shall constantly attend at some or one of the
warehouses under his charge, from the tenth day of November, until the last day of June, in every
year, to receive and inspect tobacco, (except Sundays, and the holy days observed at Christmas,
Easter, and Whitsuntide, or when otherwise hindred by sickness) and no tobacco shall be received
after that time, until the tenth of November following: but the said inspectors, or one of them,
shall, at any time (except as herein before is excepted) upon application to them made, deliver
any tobacco for exportation, by them before received.

Oath of inspectors.

Bond.

Attendance.

XXXIV. And be it further enacted, That when any inspector
shall bring his own tobacco to the warehouse whereof he is an inspector, the same shall not be
passed or stamped, unless it be first viewed, examined, and found good, sound, and merchantable,
according to the directions of this act, by the other two inspectors, attending at such
warehouse: and, if upon such view they disagree, then an inspector shall be called from the next
adjacent warehouse or inspection, to determine concerning the quality of the said tobacco: And
the like method shall be observed therein, as herein

Tobacco belonging to inspectors, how to be viewed.

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before is prescribed for the passing or refusing other tobacco brought to the said
warehouses.

XXXV. And to the end, the said inspectors may not be induced, from
any private advantage, to stamp or receive any bad or unmerchantable tobacco; and may have a
sufficient encouragement and compensation for discharging the said office, with integrity and
application.

XXXVI. Be it further enacted, That every inspector of
tobacco, for so long time as he shall act in execution of that office, shall be paid for his
trouble, and necessary expence, (a) sixty pounds per annum: And every inspector
shall annually, or oftner, during his continuance in that office, account for, and pay to John
Holloway, esq. treasurer of this colony, or to the treasurer of the colony, for the time being,
to be appointed by the general assembly, (the said inspector's salary, warehouse rent, and such
expences, as he, or they shall make appear to have been disbursed, for nails, and printed notes
and receipts, being first deducted,) all sums of money, fees, and profits, which he hath
received, or have been paid to him, by virtue of this act, (except the before-mentioned
allowances, for shrinking and wasting of tobacco;) and shall make oath to the truth and justness
of the same. And if any inspector shall be removed from the said office, he shall forthwith
account, in manner as is herein before directed.

Salary.

How to account.

XXXVII. And if the money received by the inspectors of any of the
warehouses aforesaid, shall not be sufficient to pay the salaries, and other incident charges
herein before-mentioned, such deficiency shall be made good, and paid out of the general fund,
arising by the profits of the other warehouses; and if that should prove deficient, then the said
salaries and charges shall be satisfied and paid out of any other public money, in the hands of
the treasurer for the time being. And no inspector, during his continuance in that office, shall
take, accept, or receive, directly, or indirectly, any gratuity, fee, or reward, for any thing by
him to be done, in pursuance of this act, other than his salary,

Deficiency to be made good.

Note to Edition 1733.

(a) The inspectors salaries are
altered, and more equally settled and this part of the act, relating thereto repealed. Anno
1732, ch. 9, sec. 10.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

and the other paiments and allowances herein before mentioned and expressed: And if any
inspector shall take, accept, or receive, any such gratuity, fee, or reward, every such
inspector, being thereof convicted, shall forfeit and pay fifty pounds current money: To be
recovered, with costs, by any person or persons, who shall inform, or sue for the same, by action
of debt, bill, plaint, or information, in any court of record within this dominion: And moreover
shall be disabled from holding the place or office of an inspector, during the continuance of
this act. And if any person or persons shall offer any bribe, reward, or gratuity, to any
inspector, for any thing by him to be done, in pursuance of this act, other than the fees and
allowances herein before directed and appointed, every person so offending, and being thereof
convicted, shall for every such offence, forfeit and pay the sum of ten pounds current money: To
be recovered in any court of record within this dominion: One half of which said forfeitures
shall be to our sovereign lord the king, to and for the use of such inspector, refusing such
bribe or reward; and the other half to the person or persons, who will inform, or sue for the
same.

Penalty for taking any reward.

XXXVIII. And, to prevent any suspicion of the said inspectors taking
to themselves the best of the tobacco that may be brought to the said warehouses, at which they
officiate, no inspector, during the time of his being such, shall, directly or indirectly, for
himself, or any other person, buy, or receive, by way of barter, loan, or exchange, any tobacco
whatsoever, under the penalty of forfeiting twenty pounds for each hogshead, cask, or case of
tobacco, so bought, or received.

No inspector to trade.

XXXIX. Provided always, That nothing herein contained,
shall be construed to prohibit any inspector from receiving his own proper debts, or rents in
tobacco, which shall be first viewed, examined, and stamp'd, at any warehouse under his
inspection.

May collect his own debts.

XL. And be it further enacted, by the authority aforesaid,
That if any inspector shall stamp any hogshead, case, or cask of tobacco, which shall be found to
contain any bad or unsound tobacco, or trash, or not well packed, every inspector, so stamping
such hogshead, case, or cask of tobacco, shall forfeit and pay, for every hogshead,

Penalty for passing bad tobacco.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

case, or cask of tobacco so stamp'd, the sum of (a) ten pounds of lawful
money: Which said penalty shall and may be recovered, with costs, against the said inspectors who
stamp'd such hogshead, case, or cask of tobacco, by action of debt, bill, plaint, or information,
by him, her, or them, who will inform and sue for the same, wherein no essoin, protection,
privilege, or wager of law, shall be allowed: And the court, where such suit shall be depending,
shall and may proceed therein, without regard to the form or manner of the proceedings, so as
sufficient substance be set forth, for such court to proceed to judgment.

XLI. And when any person shall be entitled to receive a hogshead of
tobacco, on any inspectors notes, they shall be obliged to open the hogshead, and shew such
tobacco to the person demanding the same, if required. And if such person shall refuse to accept
of the tobacco so offered, or tendred in paiment, by an inspector, as bad, unsound, or
unmerchantable, such person so refusing, or not accepting thereof, shall make immediate
application to any three justices, near or nearest to the warehouses, at which the tobacco, so
refused, shall be offered, or tendred in paiment, who are no way related to the parties, nor
concerned in interest. And the said justices shall take an oath, before some other justice of the
peace of the said county, (which oath, such justice is hereby impowered and required to
administer,) carefully to view and examine the said tobacco; and to the best of their skill and
judgment, not to pass any tobacco that is not sound, well conditioned, and merchantable,
according to the directions of this act, and clear of trash, sand and dirt; and that they will
therein do their duty, according to their judgment and conscience, without favour, affection,
partiality, or other by-respects: which said three justices so sworn, are hereby directed,
impowered, and required, upon such application, to repair to the said warehouse, whereat such
tobacco shall be tendred or offered in paiment; and carefully to view and examine

When to open tobacco.

If
refused.

Note to Edition 1733.

(a) This clause which inflicts a
penalty of 10l. per hogshead on the inspectors, for stamping bad tobacco, is repeal'd;
it being judg'd, that the inspector's oath, and the loss of tobacco, if condemn'd, are sufficient
restraints on them, Vid. Anno 1732, ch. 9, sec. 9.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

the same, in such manner as they shall think fit. And if any two of them shall adjudge
the tobacco so tendred, or offered in paiment, to be bad, unsound, and unmerchantable, according
to the directions of this act, to cause the same to be immediately burnt, and to take wood for
that purpose. And for their trouble, the said three justices, who shall be present at such view,
shall be paid by the inspector or inspectors, who offered, or tendred the same in paiment, five
shillings each.  And if the said justices, or any two of them, shall adjudge the tobacco so
tendred or offered in paiment, to be good, sound and merchantable, according to the directions of
this act, the said justices so attending, shall be paid, by the party desiring such view, five
shillings as aforesaid. And when any tobacco shall be tendred or offered in paiment, by an
inspector, and refused, the said inspectors, or any of them, shall not be at liberty to tender or
offer in paiment, nor the person demanding the same, to receive, any tobacco, in lieu thereof,
before such tobacco shall have been viewed, as aforesaid; but the person refusing, shall
immediately mark the same. And if any inspector shall offer or tender in paiment, any tobacco, in
lieu of the tobacco so refused, before the same shall have been viewed, as aforesaid; or shall
not produce the same tobacco so refused, to the said justices; in either case, it shall be taken
for a conviction, that the tobacco so tendered, or changed, is bad, unsound, or unmerchantable:
and every such inspector shall be liable to the penalties herein before mentioned, for stamping
bad, unsound, or trash tobacco.

XLII. And be it further enacted, by the authority aforesaid,
That if any person whatsoever, shall forge or counterfeit the note, receipt, or stamp, of
any inspector, or tender in paiment any such forged or counterfeited note, knowing it to be such;
or export, or cause to be exported, any hogshead, cask, case, box, chest, or other package of
tobacco, stamp'd with a counterfeit or forged stamp; or demand tobacco of any inspector, upon any
such forged or counterfeit note or receipt, knowing the note or receipt so tendred, or whereupon
the tobacco shall be demanded, or the stamp upon such hogshead, cask, case, box, chest, or other
package, to be forged or counterfeit; or shall put or pack into any hogshead, cask, or case of
tobacco,

Forging and counterfeiting tobacco notes.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

stamp'd by any inspector, any tobacco whatsoever; or shall draw, or take out any stave,
plank, or headingboard of any hogshead, cask or case of tobacco, stamp'd as aforesaid, and fix
the same in any other hogshead, cask, or case of tobacco, after such hogshead, cask, or case
shall be delivered out, at the said public warehouse, every person so offending, being thereof
convicted by due course of law, shall be adjudged a felon, and shall suffer as in case of felony.

XLIII. And for settling the number of public warehouses, and
appointing the places where the same shall be kept, pursuant to this act, Be it enacted and
declared, That a public warehouse or warehouses shall be kept, and the same are hereby
appointed to be kept at the following places, to wit:
For the counties of Goochland, and Henrico; at Warwick, upon Howlet's land;
and Shockoe's upon Col. Byrd's land, under one inspection.
At Bermuda Hundred, upon William Eppes's lots; and turkey Island, upon Col.
Randolph's land, in Henrico county, another inspection.
In Prince George; at Appamatox Point, upon Col. Bolling's land; on Col.
Robert Mumford's land; and Powel's Creek; upon Mr. Bland's land, under one inspection.
At Cabbin Point, in Surry; and Merchants Brandon, in Prince George County,
under one inspection.
At Gray's Creek, in Surry, where the Agents houses were, and Warricksqueak
Bay, in Isle of Wight County, under one inspection.
At Swineherd's and Mr. John Soan's, in Charles City County, under one
inspection.
At Waynwright's Landing, Isle of Wight; and Laurence's, in Nansemond County,
under one inspection.
At the widow Constance's, at Sleepy-Hole Point, in Nansemond County, under
one inspection.
At Norfolk Town, upon the fort land, in the County of Norfolk; and Kemp's
Landing, in Princess Anne, under one inspection.
At Hampton, in Elizabeth City, upon Mr. Miles's lot, at Warwick Town, in the
County of Warwick, upon Mr. Gough's lots; and at Charles river, Roe's storehouse, in the county
of York, under one inspection.
At Hog-Neck, in James City County; and at Taskanask, in New Kent, upon
William Morris's land;

Warehouses established.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

and the Colledge, and Capitol landings, upon Mr. Holloway's land,under one
inspection.
At the town of York, where the agents house was; and at Gloucester town,
upon capt. Hannar's land,under one inspection.
At Deacon's Neck, and Poropotank, in Gloucester County, where the agents
house was, under one inspection.
At Crutchfield's,upon Col. Page's land; and Mr. David Merriwether's in
Hanover County, under one inspection.
At Todd's, in King and Queen; and Aylett's warehouse, in King William
County, under one inspection.
At John Quarle's in King William; and at Mantapike, and Shepherd's in King
and Queen County, under one inspection.
At Chamberlain's in New Kent; and Williams's ferry, in King William,under
one inspection.
At Urbanna, where the agents house was; and major Kemp's, in Middlesex
County, under one inspection.
At Hobb's Hole, upon the lands of James Griffin; and at Bowler's ferry, upon
Adams's land, in Essex, under one inspection.
At Naylor's Hole, upon William Fantleroy's land, where his prise houses now
are; and the mouth of Totaskey, at Newman Brokenborough's landing, in Richmond County; both under
one inspection.
At Layton's, in Essex; upon Maddox Creek, at Martin's, in Westmoreland; and
Bray's Church, in King George County, under one inspection.
At Falmouth, upon Mr. Todd's lots in King George; and at Fredericksburg,
upon Mr. Francis Willis's lots, in Spotsylvania County, under one inspection.
At William Glascock's landing, in Richmond; and at the Rolling House, upon
Deep Creek, in Lancaster County, under one inspection.
At Corotoman, at Queen's Town, where the agents houses were; and on the land
where the widow Davis lives, in Lancaster; and the Indian Creek, at the warehouses, in
Northumberland County, under one inspection.
At Wiccocomico, at Robert Jones's; and at Coan, at the warehouses in
Northumberland, under one inspection.
At Nominy,upon Patrick Spence's land; and Yeocomico,

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

at the warehouse, in Westmoreland County, under one inspection.
At Boyd's Hole, upon col. Fitzhugh's land; and Marlborough Town, in Stafford
County, under one inspection.
At Qantico, upon Robert Brent's land; and great Hunting Creek, upon
Broadwater's land, in Prince William County, under one inspection.
At John Roy's and Mr. Francis Conway's in Caroline, and at Gibson's in King
George county, under one inspection.
At Cherrystone's, at John Watersons; at Nasswaddock's, at the Joiner's
landing; and at Hungers, at George Harmanson's, in Northampton County, under one inspection.
On the head of Pungoteague, at Addison's landing; at Pitt's landing, upon
Pokomoke; at Guilford, at Mr. Andrew's warehouse landing, in the county of Accomack, under one
inspection.

How land for warehouses may be acquired.

XLIV. And that the said warehouses, at the places aforesaid
appointed, are the public warehouses, meant and intended by this act, and no other. and the
clerks of the respective county courts are hereby impowered and required to issue, and the
sheriff duly to execute, one or more summons or summons's, to the proprietor or proprietors of
the land, whereat such public warehouse or warehouses is, or are appointed to be kept; or if such
proprietor or proprietors be under age, feme covert, or out of the country, to the guardian,
husband, or known attorney, as the case is, to appear before commissioners, by the governor or
commander in chief, for the time being, for that purpose to be appointed, at the county
court-house, on such days, as the said commissioners shall appoint; whereof public notice shall
be given, by setting up a note, in writing, at the door of every church, and chapel, at least two
Sundays, or sermon days, before the day appointed; and declare, whether they will erect and build
such warehouse or warehouses, as by the said commissioners shall be directed, and a good
(a) wharf at the landing adjoining thereto: and the said commissioners, before the
proprietor of the land be called in, are hereby impowered and required to settle such a
reasonable yearly

Note to Edition 1733.

(a) The commissioners are required to
provide all necessary conveniencies at the warehouses. Anno 1732, chap. 9, sec. 12.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

rent to be paid by the inspectors, & allowed them, on passing their accounts as
aforesaid, as to them shall seem meet. And if the proprietor, guardian, or known attorney, as the
case is, shall appear, and undertake the building of such storehouse or storehouses, and wharf,
the said commissioners are hereby required to take bond to the governor or commander in chief of
this colony, for the time being, for the due performance of the said undertaking; and shall
return all bonds by them so taken to the secretary's office.

XLV. Provided always, That the several commissioners
appointed in pursuance of this act, shall, and are hereby required, before they enter upon the
execution of their said office, to take an oath, before the court of the county wherein they are
to officiate, faithfully, justly, and impartially to execute the trust reposed in them, according
to the best of their understanding and conscience.

Oath of commissioners.

XLVI. And be it further enacted, by the authority aforesaid,
That if the proprietor of any land, whereon a public warehouse is appointed to be kept,
shall refuse to erect and build a good substantial warehouse or warehouses, according to the
directions of the said commissioners, and a good wharf at a landing adjoining thereto; and to let
the same to the inspectors at a reasonable rent, to be adjudged as aforesaid; that then it shall
be lawful for the said commissioners, and they are hereby required, to value an acre of the said
land, for the use aforesaid: And if the said inspectors, or any other person, shall pay, or
tender, to the proprietor of the said land, the value thereof, according to such valuation, and
will erect thereon a storehouse or storehouses, and wharf, in manner above directed; such
inspector, or other person, paying the value of the said land, and building thereon, as
aforesaid, shall be from thenceforth possessed of the land, to him and his assigns, during the
time such place shall be made use of for a public warehouse. And in case the proprietor of the
said land, or any other person, will not build such warehouse or warehouses, and wharf, on the
said land, and let the same to the inspectors; that then it shall and may be lawful, for the
court of that county, and they are hereby required, to pay, or tender to the proprietor of the
said land, the value thereof, according to such valuation; and to cause to

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

be built thereon, such warehouse or warehouses, and wharf; and to levy the charge
thereof, upon the inhabitants of their county: And shall take and receive the yearly rent
established for such warehouse or warehouses, which shall be paid by the inspectors thereof, for
reimbursing the county the charge of purchasing the said land, and building thereon. And from
thenceforth, the justices of the said county, shall be possessed of the said lands and tenements,
to them and the succeeding justices, to the use of the said county, during the time such place
shall be made use of for a public warehouse. And if it shall happen, that any of the places
herein before appointed for public warehouses, shall be discontinued, the proprietor of the land,
returning the price paid for the acre on which such warehouse was built, shall be from
thenceforth thereof seised, as of his former estate. And the same method shall be observed, in
case the inspectors shall at any time thereafter, during the continuance of this act, find it
necessary to have more warehouses erected, at any of the places appointed for the use above
mentioned.

Where they are discontinued.

XLVII. Provided always, That nothing herein before
contained, shall be construed to give any power to the said commissioners, to take away the
houses, orchards, or other immediate conveniences, of any proprietor of land, for the uses or
purposes aforesaid: Nor to the said inspectors, to keep any horses, cattle, or hogs, at any of
the said public warehouses, but what shall be constantly inclosed, and kept upon the land
appointed for such warehouses. And if any swine belonging to the said inspectors, or any of them,
shall be found at large, upon the land appropriated for such warehouses, or the lands adjoining
thereto; it shall and may be lawful, to and for the proprietor of the land on which the said
warehouses are placed, to kill, or cause to be killed or destroied, all such swine.

Not to take houses, &c.

XLVIII. And be it further enacted, by the authority aforesaid,
That if any of the warehouses herein before mentioned, shall accidently happen to be burnt,
the loss sustained thereby, shall be made good, and repaired, to the several persons injured, by
the general assembly, at the next session after such loss.

Loss by fire.

XLIV. And be it further enacted, by the authority aforesaid,
That this act, and every matter, clause, and thing therein contained, shall continue, and be
in force,

Limitation of act.

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LAWS OF VIRGINIA, MAY 1730−−3rd & 4th GEORGE II.

for the term of four years, from the said first day of August; and from thence, to the
tenth day of November next following, and no longer.